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The Anti-Narcotics Force Act, 1997

Act III of 1997 · 9 pages

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                  THE ANTI NARCOTICS FORCE ACT, 1997




                                          CONTENTS
1.    Short title and commencement
2.    Definitions
3.    Constitution of the Force
4.    Superintendence and administration of the Force
5.    Functions of the Force
6.    Power of the members of the Force
7.    Wearing of Uniform
8.    Punishment
9.    Grounds of punishment
10.   Authority to award punishment
11.   Terms of Service
12.   Conduct and Discipline
13.   Members to serve anywhere
14.   Members as public prosecutors
15.   Delegation of powers
16.   Indemnity
17.   Power to make rules
SCHEDULE




                                           Page 1 of 9
                         THE ANTI NARCOTICS FORCE ACT, 1997

                                          ACT NO. III OF 1997
                                                                                        [12th April, 1997]

                      An Act to provide for the constitution of Anti Narcotics Force

        WHEREAS it is expedient to provide for the constitution of a Force for the purpose of inquiring
into, and investigating offences relating to narcotics and Narcotics Trafficking, and for matters connected
therewith or incidental thereto;

        It is hereby enacted as follow:

        1. Short title and commencement.—(1) This Act may be called the Anti Narcotics Force Act,
1997.

        (2) It extends to the whole of Pakistan.

        (3) It shall come into force at once.

        2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

               (a)     “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);

               (b)     “Director-General” means the Director General of the Force;

               (c)     “Force” means the Anti Narcotics Force constituted under section 3;

               (d)     “narcotics” includes narcotic drugs, psychotropic substances and controlled
                       substances as defined in the Control of Narcotic Substances Ordinance, 1996
                       (XCIV of 1996);

               (e)      “police” means a police-force constituted by the Federal Government        or
                        Provincial Government under the Police Act, 1861 (V of 1861);

               (f)     “prescribed” means prescribed by rules under this Act; and

               (g)     “rules” means rules made under this Act.

      (2) The words and expressions used but not defined herein shall have the same
meaning as assigned to them in the Control of Narcotic Substances Ordinance, 1996 (XCIV of 1996).

       3. Constitution of the Force.—(1) Notwithstanding anything contained in any other
law for the time being in force, the Federal Government may constitute a Force to be called the Anti-
Narcotics Force.

                                                   Page 2 of 9
       (2) The Force shall consist of a Director-General to be appointed by the Federal Government
and such number of other officials as the Federal Government may, from time to time, appoint to be
members of the Force.

        (3) On commencement of this Act, the Pakistan Narcotics Control Board constituted under
the Government of Pakistan, Planning Division’s Resolution, dated the 8th March, 1973, and Anti-
Narcotics Task Force constituted under the Anti-Narcotics Task Force Ordinance, 1994 (LXXVI of
1994), shall stand merged and all personnels, including officers, ministerial staff and the contingent staff
of the said Board and Task Force shall, subject to the provisions of section 11 become members of the
Force and be governed in accordance with this Ordinance and the rules made thereunder.

        (4) The Force shall for all intents and purposes be successor of Pakistan Narcotics Control
Board and Anti-Narcotics Task Force in respect of all cases, inquiries, investigation, assets, liabilities,
rights, obligations and privileges and matters related thereto or connected therewith.

          (5) Notwithstanding anything contained in the General Clauses Act, 1897 (IV of 1897),
anything done or action taken before the commencement of this Acts, under the Anti-Narcotics Task
Force Ordinance, 1994 (LXXVI of 1994), or otherwise by the Pakistan Narcotics Control Board in so
far it is not inconsistant with the provisions of this Act shall be deemed to have been done or taken
under this Act.

         4. Superintendence and administration of the Force.—(1) The superintendence of the Force
shall vest in the Federal Government.

        (2) The Administration of the Force shall vest in the Director-General who shall exercise in
respect of the Force all powers of an Inspector-General of Police under the Police Act, 1861 (V of 1861);
and all other powers under the Act.

        (3) In case of any officers and members from the Armed Forces, the Director-General shall have
all powers conferred by or under the Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Air Force
Act, 1953 (VI of 1953), and the Pakistan Navy Ordinance, 1961 (XXXVI of 1961), respectively as an
officer empowered to convene a General Court Martial:

        Provided that such powers shall be exercised only by the Director-General who is in
the regular service of any of the Armed Forces.

       5. Functions of the Force.—The Force shall

               (a)     inquire into, investigate and prosecute all offences relating to, or connected with,
                       preparation,     production, manufacture, transportation, illicit trafficking or
                       smuggling of intoxicants, narcotics and chemical precursors or reagents used in
                       the manufacture of narcotics, or any offence committed in the course of the same
                       transaction under any law for the time being in force, including an attempt or
                       conspiracy to commit, or any abetment of, any such offence, or any offence
                       committed under the Control of Narcotics Substances Ordinance, 1996 (XCIV
                       of 1996), or the Prohibition (Enforcement of Hadd) Order, 1979 (P.O.4 of 1979).


                                                Page 3 of 9
               (b)     trace and freeze the assets;
               (c)     provide assistance and advice to other enforcement agencies on all matters in the
                       field of narcotics and to collect information from all national and international
                       enforcement agencies about illicit narcotic traffic and traffickers;

               (d)     maintain liaison with all national or international narcotics authorities,
                       organisations, bodies, associations and societies and represent Pakistan in such
                       conferences, seminars and workshops arranged by any such organization on
                       narcotics related matters;
               (e)     arrange and co-ordinate training of own staff and members of other enforcement
                       agencies in various aspects of narcotics enforcement;
               (f)     co-ordinate the project and schemes for elimination and destruction of poppy
                       cultivation; and

               (g)     perform any other related functions which may be assigned to it by the Federal
                       Government.

        6. Power of the members of the Force.—(1) The members of the Force shall, for the purpose of any
inquiry or investigation under this Act, have throughout Pakistan such powers, including the powers relating
to search, arrest of persons and seizures of property, and such duties, privileges and liabilities as a police-
officer has in respect of offences under the Code or any other law for the time being in force.

        (2) Save when the Director-General otherwise direct, a member of the Force, not below the rank of
an Inspector may, for the purpose of any inquiry or investigation under this Act, exercise all the powers of
an officer-in-charge of a police-station in any area in which he is for the time being and, when so exercising
such powers, shall be deemed to be the officer-in-charge of a police-station discharging his functions as such
within the limits of his station.

        (3) Without prejudice to the generality of te provisions of sub-section (1) and sub-section (2), any
member of the Force not below the rank of Inspector, authorized by the Director-General in this
behalf, may arrest without warrant any person who has committed or against whom a reasonable
suspicion exists that he has committed any of the offences relating to narcotics referred to in clause (a) of
section 5.

        (4) Notwithstanding anything contained in any other law for the time being in force, a member of
the Force not below the rank of Inspector authorised by the Director-General, may inquire, investigate and
trace the assets of a person who has committed an offence referred to in clause (a) of section 5 or when in
his opinion, there is a reasonable suspicion that the said assets were acquired through illicit involvement
in narcotics; and may, for this purpose, require a bank or other financial institution or departments, whether
under the control of Government or otherwise to furnish such information as he may specify.

        (5) If in the opinion of a member of the Force, conducting an inquiry investigating or tracing any
assets under sub-section (4), which is likely to be removed, transferred or otherwise disposed of, such
member may, notwithstanding anything contained in any other law for the time being in force, by order
in writing direct the owner or any person who is for the time being in possession thereof, not to remove,

                                                Page 4 of 9
transfer, or otherwise dispose of such property in any manner except with the previous permission of that
member and such order shall be subject to any order made by the Court having jurisdiction in the
matter.

       (6) any contravention of any order made under sub-section (4) or (5) shall be punishable with
rigorous imprisonment for a term which may extend to three years, or with fine, or with both.

      (7) Any member of the Force may, in performance of its functions and exercise of powers as
may be prescribed, seek assistance from all officers of police, customs, excise, Federal Investigation
Agency or any other investigation agency or authority or civil armed forces.
        (8) Notwithstanding anything contained in any other law for the time being in force, the Federal
Government may, in respect of any case registered by, or under investigation of, police, customs, excise,
Federal Investigation Agency or any other investigation agency or authority, by order in writing, entrust
inquiry or such investigation to the Force, and thereupon the police, customs, excise, Federal Investigation
Agency or any other investigation agency or authority shall transfer the record of the case to the Force.

        (9) The Force may, in accordance with the law, establish as many police-stations as are required
for the efficient functioning of the Force and all police-stations of Anti-Narcotics Task Force and Pakistan
Narcotics Control Board shall be deemed to be the police stations of the Force.

        Explanation,—For the purpose of this Act, the expression “police station” means and includes any
place declared as such, by the Federal Government or a Provincial Government to be a police station
within the meaning of the Code.

       7. Wearing of Uniform.—All members, excluding ministerial staff of the Force, employed on
enforcement duties shall wear such uniform as may be prescribed.

      8. Punishment.—(1) The following minor and major punishments shall be awarded to the officers
and members of staff of the Force, namely:—
            (a)     Minor Punishments:

                    (i)       Censure;

                    (ii)      forfeiture of approved service upto two years;

                    (iii)     withholding of promotion upto one year;

                    (iv)      stoppage of increment for a period not exceeding three years without
                              cumulative effect;

                    (v)       fine to any amount not exceeding one month’s pay;

                    (vi)      confinement to quarters for a term not exceeding fifteen days, with or
                              without punishment, drill, extra guard, fatigue or other duty; and

                    (vii)      extra drill not exceeding fifteen days, fatigue or other duties.

                                                Page 5 of 9
            (b)         Major Punishments:

                        (i)           Reduction in rank;

                        (ii)          compulsory retirement;

                        (iii)         removal from service; and

                        (iv)          dismissal from service.

      (2) Removal from service does not, but dismissal from service does, disqualify for future
employment.

       (3) In this section, removal or dismissal from service does not include the discharge of person—
                  (a)         appointed on probation, during the period of probation, or in accordance with
                              probation or training rules applicable to him; or

                  (b)         appointed, otherwise than under a contract, to hold a temporary appointment on
                              the expiration of the period of appointment; or

                  (c)         engaged under a contract, in accordance with the terms of the contract.

       9. Grounds of punishment.—Where, a member, in the opinion of the Authority:—

                  (a)         is inefficient or has ceased to be efficient; or

                  (b)         is guilty of misconduct; or

                  (c)         is corrupt or may reasonably be considered corrupt because—

                              (i)     he is, or any of his dependents or any other person claiming
                                      through him, or on his behalf is, in possession (for which he cannot
                                      reasonably account) of pecuniary resources or any property
                                      disproportionate to his known sources of income; or

                              (ii)    he has assumed a style of living beyond his ostensible means; or

                              (iii)   he has a reputation of being corrupt; or

                  (d)he is engaged, or is reasonably suspected of being engaged in subversive or
                     narcotics activities, or is reasonably suspected of being associated with those
                     engaged in subversive or narcotics activities or is guilty of disclosure of official
                     secrets to any unauthorised person, and his retention in service is, therefore,
                     prejudicial to national security and interest of State,
the authority may impose on him one or more punishments specified in sub-section (1) of section 8.

                                                        Page 6 of 9
       10. Authority to award punishment.—The authorities to award punishment under section 8
are specified in the Schedule to this Act.
       11. Terms of Service.—(1) All personnels upto the rank of Inspector and their equivalent in the
ministerial staff of the Force may elect to be governed by the existing terms of service applicable to them
and such option shall be sent to the Director-General, of the Force within such period as may be decided
by the Director-General failing which they shall be deemed to have opted to serve under this Act.

        (2) The personnels not opting to serve in accordance with the terms of this Act may, at the
discretion, of the Director-General, be placed at the disposal of Federal Government for adjustment
elsewhere.
        12. Conduct and Discipline.—(1) The police Act, 1861 (V of 1861), the Police Rules, 1934, and
the Punjab Police (Efficiency and Discipline) Rules, 1975, shall, mutatis mutandis, be applicable to all
members upto the rank of an Inspector, if not inconsistent with the provisions of this Act or where
operation of any provision thereof is excluded by the Director-General by a specific order made in this
behalf.
       (2) Subject to subsection (1), all members of the Force including the ministerial staff except those
on deputation from the armed forces shall be governed by the Civil Servants Act, 1973 (LXXI of 1973),
and rules made thereunder.

      13. Members to serve anywhere.—Every member of the Force shall be deemed to be always
on duty and be liable to serve anywhere within or without Pakistan.

        14. Members as public prosecutors.—Notwithstanding anything contained in the Code, all
Directors, Deputy Directors and Assistant Directors of the Force, shall be ex-officio public prosecutors
in respect of all offences relating to narcotic and specified in clause (a) of section 5, for trial before the
Special Court or any other court when so directed by the Director-General and may conduct the
proceedings in the said Court and deal with any matter connected therewith or ancillary thereto.

        15. Delegation of powers.—The Director-General may, by order in writing, direct that all or any
of his powers under this Act or the rules shall, subject to such conditions, if any, as may be specified
in the order, be exercisable by any member of the Force.

        16. Indemnity.—No suit, prosecution, or other proceedings shall lie against the Federal
Government, Provincial Government, Director-General or any member of the Force or any other person
exercising any power or performing any function under this Act or the rules made thereunder for anything
which is done is good faith or intended to be done under this Act or the rules.

       17. Power to make rules.—(1) The Federal Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.

       (2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—

                 (a)   the terms and conditions of service of the Director-General and other
                       members of the Force and the qualifications for recruitment to various posts;

                                                 Page 7 of 9
             (b)   the powers and functions of the members of the Force in relation to the
                   conduct of inquiries and investigations; and

             (c)   the manner in which rewards may be given to the members of the Force or   to
                   the public for rendering commendable service.

                                         SCHEDULE
                                          (Section 9)
                               Authorities to Award Punishment
  _______________________________________________________________________
  S. No.   Punishment      Inspector or   Sub-Inspector/
                                                    Head          Constable
                           equivalent     Assistant Sub-
                                                    Constable or  or
                           grade          Inspector or
                                                    equivalent    equivalen
                                          equivalent or a
                                                    grade or a    t or
                                          grade between
                                                    grade         Lower
                                          ASI/ Head-between       grade
                                          Constable Head
                                                    Constable
                                                    and
                                                    Constable
________________________________________________________________________

  1.       Extra Drill                                      Dy. Director   Asstt.
           not exceeding                                                   Director
           15 days
           Fatigue or
           other duties.


  2.       Confinement                                      Dy. Director   Asstt.
           to quarters                                                     Director
           upto 15 days.


  3.       Censure.        Director       Director          Dy. Director   Asstt.
                                                                           Director

  4.       Forfeiture of Director         Director          Dy. Director   Asstt.
           approved                                                        Director
           service upto 2
           years.




                                           Page 8 of 9
        5.   Stoppage of Director         Director           Dy. Director     Asstt. Director
             increments
             not exceeding
             3 years.
        6.   Fine to any   Director       Director           Dy. Director     Asstt. Director
             amount not
             exceeding one
             month’s pay.

        7.   Withholding    Director      Director           Dy. Director     Asstt. Director
             of promotion
             for one year
             or less.

        8.   Reduction      Director      Director           Dy. Director     Asstt. Director
             from
             substantive
             rank to a
             lower rank
             reduction in
             pay.

        9.   Dismissal,   Director        Director           Director          Director
             removal from General         General
             service,
             compulsory
             retirement.

____________________________________________________________________________________
             Explanatory Note.—   The punishments as mentioned in the Punishment Table may also be
                                  inflicted on members of the various ranks shown in the heading Nos.
                                  3 to 6 by an officer of higher rank.
                                                     ___________




92804                                                                   RGN Date: 13-01-2025
                                           Page 9 of 9


Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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